2009 Regulation Update for Pest Management Professionals

1. 2009 Regulation Update for Pest Management Professionals Gary FishBoard of Pesticides Control287-2731 or gary.fish@maine.gov

2. Why Integrated Pest Management (IPM) • More effective • More efficient • Lower cost in the long term • Minimizes reliance on pesticides

3. When pesticides are necessary • Applications should be target-specific • Applications should be low impact • Very low toxicity and/or very low exposure • Risk = Toxicity x Exposure • Should not be applied on a predetermined schedule • Should only be used where there is a documented infestation or a history of infestation No recommendations or endorsements intended

4. What’s required by Chapter 26? • Notification • IPM • Risk Minimization • No application allowed if tenant is opposed

5. Exemption from entire chapter • Stinging insect control with Ready-to-Use product • Routine cleaning with antimicrobials • Application of paints and stains • Application to K – 12 Schools (covered by Chapter 27) • Application by a resident to his or her own residence • Commercial application to a personal residence when contracted by the resident • Indoor application of pesticides injected into closed systems (cooling tower, slime control)

6. No recommendations or endorsements intended Exemption from notification due to reduced exposure potential • Application to areas not readily accessible to residents, employees or children using: • Baits, • Gels, • Pastes, • Dusts, or • Granules

7. NEW Exemption from notification due to reduced exposure potential • Crack & crevice treatments placed in areas not readily accessible to residents, employees or children • Done in a manner that minimizes exposure to vapors and/or aerosolized materials

8. What does Not Readily Accessible mean? • Inside cabinets • Inside wall voids • Inside attics or basement areas • Inside tamper-proof bait stations • Above drop ceilings • Out of reach of people

9. What are the changes? Notification sign changed slightly to show when to remove the sign Old New

10. NEW Board-approved notice form

11. Notice to Residents • When treating inside a rented residence (apartment, condo, etc.) • At least 24 hours but not more than 7 days in advance of a non-exempt application • Must provide or cause to be provided a Board-approved written notice directly to each resident whose residence will be treated

12. Notice to Residents • When treating common areas in rental buildings (apartments, condos, etc.) • At least 24 hours but not more than 7 days in advance of a non-exempt application • Must post the Board-approved written notice

13. NEW Notice to Residents • Applicator may instruct the landlord or building manager to provide the notice • The person who carries out the notice and confirms that is was done is responsible for the notice

14. Notice to employees • When treating an agency, business or institution • At least 24 hours but not more than 7 days in advance of a non-exempt application • Must post or caused to be posted the Board approved notice in a conspicuous place or places where notices to employees are customarily posted

15. NEW Notice to employees • Applicator may instruct the building manager, person requesting the application, or another responsible individual to provide the notice • The person who carries out the notice and confirms that is was done is responsible for the notice

16. Notice to parents or guardians • When treating a licensed childcare facility or nursery school • At least 24 hours but not more than 7 days in advance of a non-exempt application • Must provide Board-approved written notice to parents or guardians of currently enrolled children

17. NEW Notice to parents or guardians • Applicator may instruct the manager of the daycare or nursery to provide the notice • The person who carries out the notice and confirms that is was done is responsible for the notice

18. Requests for additional information • Residents, employees, parents or guardians can request additional information regarding the impending application • Such requests do not delay the application

19. Additional information • Applicator must provide what is requested including as applicable: • Trade name and EPA Reg. No. of the pesticide(s) • Approximate date & time of application • Location of the application • Re-entry time listed on the label • Name and phone number of contact person • Copy of pesticide label or MSDS

20. IPM • Must use appropriate elements of IPM • Must minimize exposure and human risk to the maximum extent practicable using currently available technology • Must identify pest conducive-conditions

21. IPM • Must provide the client a written evaluation of pest-conducive conditions, and • Provide specific recommendations for practical non-pesticide control measures

22. IPM • Prior to any pesticide application • Must identify the pest specifically, and • Evaluate the infestation severity and associated damage except when: • There is a history of infestation and conducive conditions, or • There is a public health pest designated by the Board, and • Baits, gels, pastes, granules or crack & crevice treatments will be done

23. Risk minimization • Applicators must • Consider product toxicity • Choose low risk products • Based on product efficacy, • Exposure potential, • Label signal word, • MSDS, and • Ventilation requirements No recommendation or endorsement intended

24. Risk minimization • May only use low risk materials when a “room” is occupied • Prior to application applicators must consider: • Principal use of a room • Likelihood people or pets may come into contact with pesticides • Practical need to ventilate prior to re-entry • Whether the ventilation system needs to be shut off

25. Tenant opposition to treatment • Except where a public health or code enforcement official determines a need for immediate treatment… • a pesticide application may not be done when a tenant is opposed to the treatment unless… • non-pesticide control measures have been tried and fail, and • the pest poses heath risks or significant property damage and threatens to spread to other parts of the building

26. Follow most restrictive rules • Pesticide labels may be more restrictive than this regulation • Other regulations may also be more restrictive • Always follow the most restrictive rules The Label is the Law! Maine Food Code

27. FMI • Contact me 287-7545, gary.fish@maine.gov • Go to our web site http://www.maine.gov/agriculture/pesticides/chapter_26/index.htm

28. Summary • Notification only required for higher risk applications • Must follow IPM • Must not do treatment when a tenant opposes it

29. Summary

30. LD 871 Becomes Law • 22 MRSA-1471 C, 5-A. Custom application.  "Custom application" means an application of a pesticide: • C. In a food establishment licensed under chapter 551 or an eating establishment licensed under chapter 562

31. LD 871 Becomes Law - Exemptions • "custom application" does not include a pesticides application at a licensed food or eating establishment when: • (1) The establishment is ancillary to the production of an agricultural commodity; • (2) The owner or an employee of that establishment is certified as a private applicator under section 1471-D, subsection 2; and • (3) The property is not open to the public. • Other exemptions from the Food Code • Non-profits holding 12 or less events a year • Agricultural establishments • warehouses, packing plants, etc.

32. Concerns regarding EPA Exempt pesticides • The Board wants the staff to explore the risks posed by EPA Exempt pesticide products • The lack of efficacy and toxicology data is troubling • Although some ingredients are food grade, the concentration of those ingredients and the route of entry into the body pose greater risks than those presented in the food we eat

33. Results of Medline Search for “Product Active Ingredient” AND “Allergies”

34. American Association of Poison Control Centers Annual Reports for Essential Oils

35. Other reminders • Verifiable authorization to do a treatment • Positive identification of the application site prior to treatment